Criminal legal aid scheme of the future must be based on quality and public interest, not just price

5 March 2013

The Bar Council, which represents barristers in
England and Wales, has today responded to the Ministry of
Justice's announcement that its consultation and implementation of
a new scheme for criminal legal aid will be brought forward, with
price competition put forward as one key proposal.

Responding to the Government's announcement that the
consultation would be published in April, Maura
McGowan QC, Chairman of the Bar, said:

"The Bar has expected this announcement, which was
postponed in 2011, for some time. A great deal of work has already
been done on the Bar's principled response, which seeks the best
way to deliver high quality legal services, in the public
interest.

"Just as the Government faces pressure, we must also
recognise the enormous pressure which publicly-funded legal
practitioners, particularly at the junior end of the profession,
are under and how vital it is to the future of the justice system
that they are able to pursue a viable career as specialist
advocates and in the public interest.

"One of the proposals is a model based on price
competition, which is a blunt instrument. It assures none of the
safeguards and qualities which we must expect from our justice
system. It cannot be one which properly underpins the effective
operation of the Rule of Law.

"We will study the consultation document very
carefully when it is published. There is no reference to advocacy
services in what we have seen today. We will make the case in the
strongest terms that the Ministry of Justice needs to recognise the
importance of maintaining the Bar, especially the junior Bar.
Decisions on allocation of work must be made on quality and not on
money alone. We have made these points, in person, to the Lord
Chancellor and will make them again in our formal response.

"We recognise that today's announcement does not outline the
many other options for reform, but we will engage constructively
with the Ministry of Justice to investigate all other avenues,
before the consultation is published."